Mohammad Rafiq, J.

1. This appeal is directed against judgment dated 18.09.1987 passed by Additional Sessions Judge No. 4, Jaipur City, Jaipur (for short ‘the trial court’) whereby accused-appellant Suresh Chandra Bhattar has been convicted for offence under Section 302 IPC and sentenced to life imprisonment with fine of Rs. 5,000/-, in default whereof, he was to further undergo two years imprisonment. The accused-appellant has been further convicted for offence under Section 411 IPC and sentenced to two years rigorous imprisonment and fine of Rs. 1,000/-, in default of whereof, he was to further undergo six months imprisonment. Both the sentences were ordered to run concurrently.

2. Facts of the case are that on 15.02.1984 at 6.30 P.M. Kalyan Sahai (P.W.3) submitted a written report (Exhibit P-4) to Bhanwar Lal Chouhan (P.W.32), SHO, Police Station Shastri Nagar, Jaipur alleging therein that he was Manager of ‘Pitliyo Ki Dharamshala’, Chandpole Bazar, Jaipur. On 12.02.1984 at about 8.00 P.M., two travellers came to Dharamshala for night stay, entry of which was made in the register and their signatures were obtained. One traveller was having a black suitcase of medium size and the other was having a ‘chaddar’ of blackish colour in his hand. They were allotted the room, which was under tin shed. They stayed in the room for the whole night and on Monday, i.e. 13.02.1984, in the early morning locked the door and went away without informing anyone. They were not noticed by anybody. On that day, when he saw that room was closed for two days, some suspicion arose in his mind and he went near the gate of the room and he felt some foul smell, which strengthened his suspicion. Travellers did not come back by that time. He requested for unlocking of the lock and doing the needful. On this information, the in-charge of the police station reached the spot and broke the lock and found dead body of a man inside. It revealed that somebody had murdered him.

3. On the basis of the aforesaid written report, a regular FIR No. 30/1984 (Exhibit P-50) was registered under Section 302 IPC. Post mortem of the dead body was conducted. During investigation, accused Suresh Chandra was arrested. After completion of investigation, the police submitted charge sheet against the accused-appellant for offence under Section 302, 380 and 411 IPC before the competent court, wherefrom the case was committed to the Sessions Court, Jaipur City. Ultimately, the trial of the case was made over to the Court of Additional Sessions Judge No. 4, Jaipur City, Jaipur. The trial court framed charges against the accused-appellant for offence under Sections 302, 380 and 411 IPC, which he denied and claimed to be tried. In support of its case, the prosecution examined as many as 33 witnesses and exhibited 57 documents. Thereafter, accused-appellant was examined under Section 313 Cr.P.C., who pleaded innocence and stated that he has been falsely implicated in the case. In defence, five witnesses were produced and 25 documents were got exhibited. The trial court, on conclusion of trial, convicted and sentenced the accused-appellant vide judgment and order dated 18.09.1987 in the manner indicated hereinabove. Hence, this appeal.

4. Mr. Biri Singh Sinsinwar, learned Senior Counsel appearing on behalf of accused-appellant argued that the trial court erred in law in convicting the accused-appellant on the basis of evidence of discrepant, unreliable and impeachable witnesses. There is no eye witness of the incident and entire case of the prosecution hinges on circumstantial evidence. The prosecution could not prove the individual circumstance by clinching and convincing evidence, but also such circumstances when joined do not form a chain so complete as to pin pointedly prove guilt of the accuse-appellant beyond reasonable doubt. Story of the prosecution that the accused murdered the deceased at Jaipur and thereafter brought weapon of offence, knife and his clothes to Udaipur